1. One Dev Kumar Das was the owner of 14 chattack of plot no. 650/1856 at 42, B.T. Road, under P.S.-Baranagar, Kolkata-700050 and he entered into an agreement with Tapas Sikdar on 31.05.2011 with the development of the said land into a multi storied building and issued power of attorney on 24.04.2013 in favor of the developer who is the OP in this case. The complainant being in need of residential accommodation entered into an agreement on 23.03.2016 with the developer for purchasing a flat measuring about 400 sq.ft in the 2nd floor of the proposed building at Rs. 14,00,000/- and coughed up a sum of Rs. 6,00,000/-. It was agreed by and between them that the said flat would be transferred to the purchaser within 12 months. Although possession was delivered on 01.12.2019. The execution and registration of sale deed was not made for which the complainant has filed this case on 23.11.2020 seeking direction upon the OP for execution and registration of sale deed and also for payment of Rs. 1,75,000/- for compensation.

 

2. The OP did not file any W/V in spite of having received the notice as to the complaint for which the case has been heard ex parte. 

 

3. In support of his case the complainant has filed copy of agreement, money receipts, evidence-in-chief, possession letter dated 01.12.2019 and BNA. The documents filed by the complainant have gone unchallenged for which they may be supposed to carry impeccable evidential value. 

 

4. From the documents referred above it is abundantly clear that for purchasing a flat of 400 sq.ft. in the 2nd floor of the proposed building of plot no. 650/1856 at 42, B.T. Road, under P.S.-Baranagar, Kolkata-700050 the complainant had parted with a sum of Rs. 13,25,000/- and consequently the developer put him in possession on 01.12.2019 under a letter issued therefor. On careful perusal of the copy of agreement some inconsistency in regard to the quantum of consideration money is found. In the body of the agreement Rs. 14, 00,000/- was incorporated as consideration money and at the foot thereof Rs. 13, 25,000/- was mentioned. The money receipts also relate to a sum of Rs. 13, 25,000/. By issuing a letter on 01.04.2014 the OP had in these words or those, acquiesced in the claim of the complainant that the consideration money was fixed at Rs. 13,25,000/-. After connecting the letter dated 01.4.2014 with the agreement dated 23.03.2014 we can safely conclude that the price fixed for the flat was Rs. 13, 25,000/-. It is quite obvious from the material available on record that Rs. 13,25,000/- was paid before 01.12.2019 and that the complainant has been in possession of the flat in question since 26.04.2014 (i.e. date of issue of possession letter). The OP who was empowered by power of attorney dated 24.04.2013 to execute and register sale deed in respect to the flats of the building appurtenant to plot no. 650/1856 has not executed and registered a sale deed in spite of having received the full consideration thereof. Therefore, there should be a direction to the OP for execution and registration of sale deed. Since the complainant was put in possession long ago and since the value of the flat in question have increased in the meanwhile substantially, the complainant should not be allowed to derive any compensation from the OP. That apart that the failure on the part of the developer in the matter of execution and registration of sale deed resulted from the expiry of the validity of power of attorney owning to the death of the landlord which took place on 17.10.2014. Therefore, there will be no order as to payment of compensation in favour of the complainant.

 

5. The case is thus disposed of with the following directions:-

 

    The OP will execute and registered the sale deed in respect to the flat measuring about 400 sq.ft. in the 2nd floor appertaining to plot no.650/1856, at B.T. Road, under P.S.-Baranagar, Kolkata-700050 in favor of the complainant within a period of 45 days hence. There will be no order as to compensation or cost.

 

Let a plain copy be given to the parties free of cost as per CPR.

 

Dictated and corrected by